City loses negligence lawsuit in ditch case

An Otero County jury on Thursday returned a verdict in favor of a local mobile home park owner who the city had taken to court over culvert and drainage easements.

Oasis Mobile Home Park owner Tony Alvillar's attorney, Miguel Garcia said the city lost the negligence portion on its lawsuit against Alvillar after jurors heard two days of testimony in 12th Judicial District Court.

Garcia, in an e-mail to the Daily News, stated that the jury returned a verdict that Alvillar had not committed negligence with respect to his operation of a crossing that crosses a portion of one of the city's drainage easements.

The city contended in their lawsuit that the crossing acted as a dam and caused flooding to Lawrence Boulevard and adjoining lands owned by Alvillar's neighbors to the west.

The city was asking for damages totaling $138,000 because of flood damage caused in the area.

Garcia contended that the city's lawsuit was really a continuation of a previous lawsuit filed and dismissed by Alvillar's neighbor, Jimmy Randall.

Garcia said in the e-mail that he argued Randall successfully persuaded the city to take over the issue once Randall dismissed the suit after realizing the cost to continue would have been between $60,000 and $70,000.

Garcia also stated that the cause of the any flooding was the result of debris the city had allowed to flow down the canal and get clogged in Alvillar's crossing.

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"The most serious issue that my client and I had with this lawsuit was the fact that the city was using the taxpayers' hard-earned money to take over a private lawsuit and advance a private cause," he said. "If Randall's estimation of $60,000 to $70,000 is even halfway correct, the city just spent $30,000 to $35,000 for nothing.

"The other big issue was the fact that every witness that testified about water leaving the ditch agreed that there was debris from the city in the culvert at the time," he continued. "It was clear to us, and then to the jury, that the real cause of the flooding was the city's debris rather than my client's crossing."

Garcia further explained in the e-mail that the trial was just half of the lawsuit.

"There are a few minor issues that remain in the case that the city may want to continue to pursue," he said. "Given the jury's verdict in this case, however, I believe that the city will realize that any continued spending of taxpayer money on this case is unwise. I would be surprised if the city chooses to continue this case."

Alamogordo City Attorney Stephen P. Thies said he believes the city is not wasting taxpayer's money in bringing the lawsuit against Alvillar.

"Proceedings in 12th Judicial District Court are not quite over," Thies said. "There are some legal claims being made against the owner of the Oasis trailer park. We still must have a hearing over those that a judge would have to decide. What went before the jury was the negligent claim that had to be decided, whether or not the property owner was negligent in what he did. It had to be decided by a jury. The legal claims are just strictly legal issues that need to be decided by the judge. I think there are about four or five that will be decided by Judge James W. Counts as soon as we get a hearing on them, and depending on the outcome, it would decided on what would happen next (in the lawsuit)."

He said he respects the decision of the jury.

"Juries make decisions," Thies said. "We have to accept those decisions, whether we agree or disagree with them. It's an issue that needs to be addressed. The culverts, in our position, are causing some additional flooding in that particular area. We have to address that additional flooding. It's still proceeding (the lawsuit) forward. We have those legal issues that have to be decided by the judge. Hopefully, we get those before the judge and get his decision as soon as possible. The request was submitted last Friday."